Deaf murder suspect's trial continued again

Dan Parsons

— The trial of Oswaldo Elias Martinez, the deaf man charged with murder in the 2005 death of a Williamsburg woman has been delayed again. The defense wants yet another evaluation to determine whether he is fit for trial, though prosecutors are convinced otherwise.

Martinez was scheduled Thursday for a competency review in Williamsburg-James City County Circuit Court. Instead the case was again continued, as it has been more than a dozen times over five years, so doctors from Gallaudet University can conduct an independent competency exam of Martinez, who cannot hear or speak and does not understand English.

Martinez, a 36-year-old illegal immigrant from El Salvador, is charged with rape, murder, sodomy and robbery in connection with the January 2005 killing of 16-year-old Brittany Binger.

Gallaudet doctors have in the past said that Martinez is not competent to stand trial and may never be brought to that level of communication, Williamsburg-James City County Commonwealth's Attorney Nate Green said. The university's doctors are brought in by the defense to offer a third-party opinion on Martinez's mental condition and ability to communicate, Green said.

Following his arrest, Martinez underwent extensive sign-language therapy at Western State Hospital in Staunton but remains unable to help his attorneys. In 2008, Martinez was moved to Central State Hospital in Petersburg, where he remains.

"We were ready yesterday to request that the court set a date for trial," Green said. "It is our position that he is able to sufficiently communicate with his lawyers to stand trial."